Divorce is a personal legal action that has an immediate effect on the lives, rights, and obligations of the individual requesting separation. However, what if a loved one is in an abusive or unpleasant marriage and is unable to start the legal procedure on their own? Can someone in India lawfully apply for divorce on their behalf? The short and straightforward response is: No, unless there are extremely rare and particular circumstances in which legal counsel is authorised, you are not permitted to submit a divorce petition on behalf of another individual.
Divorce Is a Legal Right for Individuals
According to Indian law, only the married parties concerned have the right to file for divorce. Depending on the situation, either partner must start the process. The individual whose marriage is at issue must be directly involved with the court, regardless of whether the divorce is disputed or the result of mutual consent. This is due to the fact that the court must confirm the individual’s will, permission, and life experiences, particularly in cases involving:
- Claims of maltreatment or abandonment
- Child custody requests
- Alimony or property partition claims
- No one else has the legal authority (locus standi) to file for divorce on someone else’s behalf just out of concern or care—not even a parent, brother, or friend.
Filing using a power of attorney is an exception.
In extremely unusual circumstances, a Power of Attorney (PoA) may be used to represent a spouse in court. For example, one spouse may choose a trustworthy individual—even a family member—to handle legal formalities on their behalf if they are physically overseas or medically unable to do so. But:
- The individual being divorced still has to sign and agree to the divorce petition.
- The Power of Attorney needs to be legally valid and notarised.
- Particularly in divorces involving mutual consent, the court may nevertheless need at least one in-person attendance or video presence.
Divorce Cannot Be Forced or Coerced
Family members may occasionally put pressure on someone to have a divorce, particularly when there are caste-based arguments, property conflicts, or dowry difficulties. Only the filing party’s free will is acknowledged by the law, nevertheless. Any divorce that is filed under duress, pressure, or without the complete permission of both parties may be contested and ruled unlawful.
Actions You Can Take
If a loved one is unable to go to court on their own due to mental or physical limitations or is stuck in an abusive marriage, you can:
- Urge them to speak with a counsellor or attorney.
- Assist them in applying for protection or legal help.
- Take them to court hearings or legal consultations.
- In severe situations, if the person is incapable, apply for guardianship or mental health treatment.
Conclusion: Divorce is a very private legal issue in India that cannot be fully handled by a third party. The choice to file for divorce and the legal responsibilities for doing so are entirely up to the individual seeking the divorce, even though assistance from friends and family is quite helpful. No one else can lawfully start the procedure on their behalf, with the exception of certain circumstances involving power of attorney.